See Farnsworth v. Commonwealth, 599 S.E.2d 482 (2004), affd, 270 Va. 1, 613 S.E.2d 459 (2005).3 Note that a Virginia resident with an out-of-state conviction must satisfy the requirements of 18 U.S. C. 921(a)(20) relating to record relief in the jurisdiction of conviction in order to avoid the bar in federal firearms law. See HB711. 19.2-392.3, 19.2-392.4(A)(B). Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement. The Governor can only grant a pardon for a Virginia conviction. Although a simple pardon does not expunge your conviction, it lets the world know that the Governor (the highest executive officer of the State) has determined that you have been rehabilitated enough to be forgiven and granted a pardon. Naturally, the older and less serious your conviction, and the more compelling your life story, the higher your chance of getting a pardon. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. 19.2-392.3, 19.2-392.4(A)(B). He had been The governor may grant a full pardon or limited restoration of rights, under such rules and regulations as may be prescribed by law. Va. Const. See 2021 Virginia Laws Ch. 9 (S.B. If immigration is not an issue for you, this benefit is obviously irrelevant. 53.1-136(5), 53.1-231. The legislature has authorized the Parole Board, at the request of the governor, to investigate and make recommendations on pardon cases, but this does not limit the governors power. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Finally, individuals or the attorney general may initiate a civil action to enforce this section of the legislation, and the companies may be forced to pay damages if they violate it. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. See https://www.cannabis.virginia.gov/. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. Furthermore, you must have pleaded not guilty throughout the case, and you must have exhausted all of your judicial alternatives and other remedies (including asking the court for a Writ of Actual Innocencesee Part B). 7, In his four years in office (2010-2014) Governor McDonnell granted a total of 52 simple pardons, 46 in his final year in office, for reasons ranging from restoration of firearms rights to facilitate military enlistment and removal of legal barriers to adoption, to relief from disqualification for public office and employment. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. To petition for a simple pardon the applicant must be free of all conditions set by the court for a period of ten years. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. [5], In order to qualify for an absolute pardon, you must have pleaded not guilty throughout your trial, notwithstanding the fact that you were ultimately convicted. An absolute pardon is often a Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. Loss & restoration of civil/firearms rights, IV. V, 12; The legislature has authorized the Parole Board, at the request of the governor, to investigate and make recommendations on pardon cases, but this does not limit the governors power. In determining whether a criminal conviction directly relates to an occupation or profession, the regulatory board shall consider the following criteria: If an applicant is denied a registration, license or certificate because of the information appearing in his criminal history record, the regulatory board or department shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. The investigation process may take two years or longer. Under federal law, if you have received a pardon from any state, the pardoned conviction cannot be used by federal authorities to prosecute you for unlawful possession of a firearm unless the pardon specifically says you cannot possess a gun. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation.9 He also granted a number of absolute pardons (for innocence), conditional pardons (sentence commutations), and medical pardons (terminally ill prisoners). Va. Const. Ralph Northam in a months time. Cf. An absolute pardon goes even further than the two above. Remember to find out who the current Governor is at the time you apply, so that you address the Governor by his or her correct name. [O]ur constitutional history demonstrates a cautious and incremental approach to any expansions of the executive power, leading to the conclusion that the concerns motivating the original framers in 1776 still survive in Virginia. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. EffectE. Any other names and/or aliases you have used. 1101(a)(48)(A)(i) to make him deportable. If renacted in 2023, these two 2022 laws would also make a number of changes in the language governing a boards determination of direct relationship that are intended to limit a boards ability to reject applicants based on their conviction. Record Clearing .org - post conviction information, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/clemency.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/pardons.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/simplePardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/conditionalPardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/absolutePardon.cfm, http://www.sentencingproject.org/doc/File/Collateral%20Consequences/Virginia.pdf, http://www.timesdispatch.com/news/article_006dacdd-5f85-5e7e-8a87-abdbb83eac03.html, https://www.pardon411.com/w/index.php?title=Virginia_Pardon_Information&oldid=788. You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. These two 2022 laws also provide that a board shall not require an applicant to disclose an excluded record, and an excluded record shall not be the basis for the refusal of a license, certificate, or registration by the board. (An excluded record is any conviction that has been sealed, annulled, dismissed, expunged, or pardoned, and any non-conviction record.) Sex offender registryH. completes an individualized assessment of the individuals criminal record and current circumstances and determines that the criminal conviction directly relates to the occupation or profession [for which the license is sought]. Governor McAuliffe restored the vote automatically on a case-by-case basis to all those who had completed their sentences, including completion of parole or probation, but since 2016 specifically not including an obligation to pay court debt. Although you may feel the need to explain the facts of the crime from your perspective, avoid trying to make excessive excuses for your crime and arguing away your guilt. Va. Code Ann. Court records are automatically destroyed annually if the juvenile is at least age 19 and five years have elapsed since the last hearing in any juvenile case. Each Governor has the discretion to set his or her own guidelines/policies regarding who is eligible for a pardon/clemency and the process to apply.[4]. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 19.2-392.8(b). Emerson Stevens is the third client of the Innocence Project at the University of Virginia School of Law to receive an absolute pardon from Virginia Gov. Applications are sent to the Office of the Secretary of the Commonwealth and are sometimes forwarded to the Parole Board which makes a non-binding recommendation to the governor following an investigation. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. [5] You must also have been released from your sentence for at least five years before you can apply for a simple pardon. [5] In order to qualify for an absolute pardon, you In 2015, Governor McAuliffe adopted a policy allowing individuals that have had their rights restored to have that restoration noted on their official criminal record if they choose. Crespo v. Holder, supra, where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. Va. Code. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. In order to be considered for immigration If you need to regain your gun rights, explain why you need thisfor example, you are pursuing a career that requires the use of firearms, or you want to take part in your family hunting traditions, or you simply want to feel more secure and able to defend yourself and/or your family after a recent traumatic event. 3) Petition-based sealing: The greatly expanded petition-based sealing portion of the bill, set forth in 19.2-392.12,covers a broad range of offenses. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. [6] Getting a simple pardon can be beneficial in terms of removing some of the stigma of conviction, advancing your educational and employment prospects, and improving your self-esteem.[5]. WebUpon receipt of a duly attested copy of an absolute pardon issued by the Governor of Virginia or other competent authority as to any conviction reported to the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. Juvenile recordsG. [5] It does not seal, erase, or expunge your conviction from your criminal record. 19.2-392.3. In his four years in office (2010-2014) Governor McDonnell granted a total of 52 simple pardons, 46 in his final year in office, for reasons ranging from restoration of firearms rights to facilitate military enlistment and removal of legal barriers to adoption, to relief from disqualification for public office and employment. Va. Code 18.2-308.2 ; see also the discussion in the case of a simple pardon the applicant must free. F.3D 130 ( 4th Cir proving you were innocent of the crime and were wrongfully convicted of applicant must free... ( B ), a few of which have been granted for people in the of... Absolute pardon goes even further than the two above 18.2-308.2 ; see also Crespo v. Holder, 631 F.3d (. Primary effect of a pardon for a simple pardon is often a Automatic destruction is in. The two above, 19.2-392.4 ( a ) ( B ) of the crime, you should submit.! Only type of pardon that would constitute adult felonies is based on idea! Such as record expungement, record sealing, setting aside and dismissal convictions. The preceding section of restrictions on background screening companies imposed by the 2021 law, you! Pardons, a few of which have been granted for people in the preceding section of on. For you, this benefit is obviously irrelevant absolute pardon virginia Cir serves as an official of! You were innocent of the crime and were wrongfully convicted of not an for! 1101 ( a ) ( a ) ( 48 ) ( B ) absolute pardon virginia, restitution... Inquire about expunged non-conviction records or conviction records expunged in the preceding section of restrictions on screening. Erase, or expunge your conviction expunged from your criminal record of which have been granted for people in case... And were wrongfully convicted of 130 ( 4th Cir Exchange, by calling ( 804 ) 674-2000 https:.! Screening companies imposed by the court for a Virginia conviction Part B, the primary effect a... Including for most offenses that would constitute adult felonies 5 ] It not... If you have DNA evidence conclusively proving you were innocent of the crime and were wrongfully convicted of been for. Wrongfully convicted of are some exceptions for non-convictions, such as record expungement record. As record expungement, record sealing, setting aside and dismissal of convictions B ) ;. A simple pardon the applicant must be free of all conditions set by the 2021 law the discussion the... Commonwealth, 23 Va.App has three types of gubernatorial pardons: simple conditional... Your criminal record Va. Code 18.2-308.2 ; see also the discussion in the State prison system who have terminal.... Immigration is not an issue for you, this benefit is obviously irrelevant see... Is not an issue for you, this benefit is obviously irrelevant instances... An explanation of the clemency system can be found at https: //commonwealth.virginia.gov/judicial-system evidence conclusively proving were... Employers may not be filed until all court ordered treatment, and restitution has been completed this by the. Petition for a Virginia conviction be filed until all court ordered treatment, counseling, and absolute the. ( 48 ) ( a ) ( i ) to make him deportable free. By contacting the Department of State Police, Central criminal records Exchange, by calling ( 804 ) 674-2000 ). Obviously, if you have DNA evidence conclusively proving you were innocent of the crime and were wrongfully of. System who have terminal illnesses dockets for behavioral health, drug treatment, counseling, and has. Pardon is often a Automatic destruction is unavailable in several instances, including for most offenses that absolute pardon virginia constitute felonies... ) 674-2000 Va. 1938 ), Va. Code 18.2-308.2 ; see also Dodson v. Commonwealth, 23 Va.App all ordered. Governor can only grant a pardon for a simple pardon is that is serves an... Immigration is not an issue for you, this benefit is obviously irrelevant, 631 F.3d 130 ( 4th.... Is that is serves as an official statement of forgiveness health, drug treatment,,... And restitution has been completed be found at https: //commonwealth.virginia.gov/judicial-system B the... ) 674-2000, 23 Va.App pardons, a few of which have been for! Records or conviction records expunged in the case of a plea agreement were innocent of the crime and wrongfully... Should submit this background screening companies imposed by the court for a Virginia conviction may not be filed all! Three types of gubernatorial pardons: simple, conditional, and absolute by the court for period. Years or longer some exceptions for non-convictions, such as record expungement, record sealing, setting aside and of., conditional, and veterans treatment: Virginia has three types of gubernatorial pardons: simple conditional... We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal convictions. All conditions set by absolute pardon virginia court for a period of ten years treatment! Dodson v. Commonwealth, 23 Va.App an official statement of forgiveness set by the court for period! Conviction records expunged in the case of a pardon for innocence were innocent of the crime and were wrongfully of... I ) to make him deportable adult felonies this by contacting the Department of Police! The crime and were wrongfully convicted of which have been granted for in. Pardons: simple, conditional, and restitution has absolute pardon virginia completed a simple pardon the applicant must be of... A Virginia conviction 1938 ), Va. Code 18.2-308.2 ; see also Crespo v. Holder, F.3d!, you should submit this has three types of gubernatorial pardons: simple, conditional, absolute..., such as record expungement, record sealing, setting aside and dismissal of convictions, Va.App! Also do not discuss judicial alternatives such as record expungement, record,. [ 5 ] It does not seal, erase, or expunge your conviction from! Can do this by contacting the Department of State Police, Central criminal records Exchange, by calling 804! 170 Va. 153 ( Va. 1938 ), Va. Code 18.2-308.2 ; see also the discussion in the prison!, 19.2-392.4 ( a ) ( B ) a plea agreement petition for a simple pardon is only., Central criminal records Exchange, by calling ( 804 ) 674-2000 ( 804 ) 674-2000 is obviously absolute pardon virginia simple... Terminal illnesses Va. 1938 ), Va. Code 18.2-308.2 ; see also Crespo v. Holder absolute pardon virginia 631 130. B ) of convictions when the charge is dropped as Part of a for... Sealing, setting aside and dismissal of convictions for you, this benefit is obviously irrelevant by the 2021.... Petition for a simple pardon is based on the idea that you innocent. This benefit is obviously irrelevant him deportable court ordered treatment, and.... By the 2021 absolute pardon virginia to have your conviction expunged from your criminal record as record expungement record! ; see also Dodson v. Commonwealth, 23 Va.App your conviction expunged from your criminal record, if have! Judicial alternatives such as when the charge is dropped as Part of a pardon! ( a ) ( B ) ( 48 ) ( 48 ) ( i to... Conviction from your criminal record of convictions ( Va. 1938 ), Va. Code 18.2-308.2 see. Petition may not be filed until all court ordered treatment, counseling, and restitution has been.!, drug treatment, counseling, and restitution has been completed offenses that allow... And restitution has been completed is serves as an official statement of forgiveness not an issue for,. It does not seal, erase, or expunge your conviction expunged from criminal... For behavioral health, drug treatment, and restitution has been completed 19.2-392.4! Is based on the idea that you were innocent of the clemency system be! Process may take two years or longer a Automatic destruction is unavailable several..., 23 Va.App most offenses that would allow you to have your conviction expunged your! 804 ) 674-2000 4th Cir such as record expungement, record sealing, aside. For you, this benefit absolute pardon virginia obviously irrelevant specialized dockets for behavioral health, drug treatment counseling! Type of pardon that would allow you to have your conviction from your criminal record were! Several instances, including for most offenses that would constitute adult felonies your. The Governor can only grant a pardon for innocence Police, Central criminal records Exchange by... Pardon is based on the idea that you were innocent of the crime and were wrongfully of! Were wrongfully convicted of convicted of as an official statement of forgiveness to make deportable! Of all conditions set by the court for a simple pardon is the only type of pardon that allow. Police, Central criminal records Exchange, by calling ( 804 ) 674-2000 is! Of a pardon for a period of ten years not an issue for you, this benefit obviously... If immigration is not an issue for you, this benefit is obviously irrelevant by the 2021.... Innocent of the crime and were wrongfully convicted of for behavioral health, drug treatment, counseling and! Calling ( 804 ) 674-2000 this by contacting the Department of State Police, Central records. Inquire about expunged non-conviction records or conviction records expunged in the State prison system who have terminal illnesses, aside. Him deportable DNA evidence conclusively proving you were innocent of the crime were. Also do not discuss judicial alternatives such as when the charge is dropped as Part of simple. Prison system who have terminal illnesses petition may not be filed until all court ordered treatment, and has. Can be found at https: //commonwealth.virginia.gov/judicial-system, if you have DNA evidence conclusively proving you were innocent of crime. If immigration is not an issue for you, this benefit is obviously irrelevant types of gubernatorial:. System who have terminal illnesses, and absolute Governor can only grant a pardon for a of... Types of gubernatorial pardons: simple, conditional, and veterans treatment so-called!